| This dissertation takes three non-escort coercive measures as the research objective, analyses the problem about crime non-escort coercive measures under current crime procedural law system. Having considered current circumstances and practical cases and drew lessons from both our country and abroad, take the research result at theories field ,bring up the speculation about our non-escort coercive measures system. The full text consists four parts:1. Introduction about non-escort coercive measure system.The first part looks at the composition of the current system in our country.Speak from the strict meaning,our current crime coercive measures system is constitute by subpoena, bail, under surveillance, detention, arrest. In another side,in practice, detaining and asking also be seen at crime coercive measures. Because have no right specific way and disunity of law,so we need to structure one new crime coercive measures system.Then it discusses the characteristic and function of crime coercive measures system.The crime coercive measures in our country probably can be divided two kinds, non-escort coercive measures and escort coercive measures,the standard of divid is scathing degree. We definit the non-escort coercive measures as the not directly deprive the freedom of one body, just in a certain degree limit freedom of one body in our country, including subpoena,bail,under surveillance. Guarantly function is the most basic, the most primitive function of non-escort coercive measures. Non-escort coercive measures can make the judicial organ limit the suspect person or accused person's freedom of body in a certain degree, this can guarantee the judicial organ quickly find out the details of case, on the other hand can prevent the suspect person, accused person to evade the litigation, finally guarantee the penalty smoothly progress.Finally,by comparison, it contrasts studied the western countries and the Taiwan region of our country and abroad non-escort coercive measures. From guarantee the human rights angle to set out, in criminal procedural law, international top than for much see of therefore bail etc. non-escort coercive measures, and the escort coercive measures exception, reduce it is trend of criminal develop.2. The blemish of our subpoena and amendments.The current subpoena has four main blemishses: First applity of objecting is misty, did not distinguish analyse the concrete details of case to practice with suspect person's circumstance, judicatory to inside not like the confidence. Second , procedure provision is not clear and definite, and in some case one if can decision use subpoena have no clear and definitely provision. Next is a compulsive to is weak, for the situation that suspect person of crime at see to handle a case the personnel to post notice the clerk and then accept to appear at court say, and the subpoena to equal the summons, and lose the compulsive meaning.The fourth is a time limited efficacy provision to is not scientific, and the subpoena to only limit in the process of appear at courting, subpoena provision that spread that object once accept the to namely tell to complete, its effect too the nature disappear, and after were spread toed the case by subpoena whole time not exceed twelve hours not scientific.The way that"Criminal Procedural Law"the provision is wonderful to spread with the continuous subpoena to change the subpoena to imprison the suspect person of crime, but have no partition time to spread its to two subpoena to make out provision.Referring to the above problem, this text has provided some practical solution: While is a clear and definite subpoena object that spread, certain suitable for use subpoena situation that spread, request the subpoena to spread to must have the legal summons in principle previously, general situation bottom, have not yet legal summons, cannot proceeding the subpoena subpoena spread.Two is a substantial subpoena procedure that spread, for need because of the details of case, and the establishment handle a case the personnel can on the spot contrast the procedure that have no imprison the proceeding the system that have no spread, but the subpoena should notice to protect to were spread the person's body and its reputation by subpoena , and as far as possible reduce to invasion drive subpoena person legal rights, after subpoena immediately the ask, cannot be present the empress to is in advance stay.Three is a subpoena that detention time limit that prolong the detention time limit spread to the case empress, and practice demand according to the judicatory, and on the abroad lawmaking the provision, spread to the case the empress the subpoena to prolong until 2 14 hours.The two subpoena sometimes spreads to should partition on , belong to the fulfillment very strong and judicial problem.Concrete how to control, want according to the case's concrete circumstance certain.Generally think, and only if it were not for the without a break subpoena, is not a continuous subpoena.3. The blemish of our bail and amendments.The bail that our country take blemish await trials to system can be draw from six different aspects: While is a suitable for use scope that take bail await trialing flexibility over big, from may penalize 6 month imprisonment for a specific terms the death and penal all in the suitable for use's row; The standard indetermination of the " not unlikely to occurrence social risk", lack the maneuverability.Two is°which take term the bail to await trial not clear and definite, the "Criminal Procedural Law" the provision to take the bail to await trial the term to twelve months, but did not rule is three organizations's" common term", still the independent suitable for use term of each organization.Three just is which take power to make decisions the bail to await trial to carry out the power disunity, all to be carry outed by public security official's organization a paper text, pass in examination the guarantor most to be placed in permissive from the appearance.Four is a security deposit quantity arbitrarily the sex is too big, the upper limit that"Criminal Procedural Law"to have no the provision to guarantee the gold that quantity, related and hermeneutic all did not make out the provision to security deposits quantities, and make the fulfillment inside to guarantee the gold of take the quantity the random very big.Five is which take legal term the suitable for use that bail await trial with keep watch on to live the suitable for use and did not add to distinct, very and easily make these two compulsive measures to deviate the right orbit.Six is which direct power to make decisions person the system the roughly mechanism to is not perfect, and the easy occurrence should not take what bail await trial to pass in examination the bail to await trial, match to take the bail term however drive phenomenon that jail.To tackle the above problem, this essay has provided five practical solutions: While modifying the suitable for use term that take bail await trial, keep watch on with modification to live suitable for use term synchronous proceeds, extend the suitable for use scope that take bail await trial, and keep watch on the part to live to absorb to take the bail to await trial center, clear and definite suitable for use object,Don't including may is penalized the life imprisonment with the suspect person, accused of the death penalty's crime person, only its not belong to the serious violence crime, take the bail empress can guarantee its lose again term that commit crime of, can take the bail to await trial.Two clear and definite take the bail to await trial the term hermeneutic, and each what organization apply take the bail to await trial the term total amount cannot over 12 months.Three should take the bail the decision organization that await trial carry out the organization to unify, namely who decision who responsible for management, provision after taking the bail to await trial the term to expire namely automatic expired, establish to expire auto relief of procedure.Four is is at take the bail to await trial the security deposit aspect, according to involve in the crime category the provision the assurance the amount of money's upper limit.Five enhance to direct took bail await trial, to the provision that the guarantor's qualifications proceeds strict with limit, and particularly commit crime the taking of suspect person the bail to await trial to apply to nonage, more should the qualifications of the strict restrict guarantor.4. The blemish of our under surveillance system and amendments.The blemish of under surveillance system has five major constrains in our country:First is a lawmaking up have unconstitutional and suspect, neglect" mix with the lived in the " inside" the third people" legal rights.Second is method to in a specific way into practice the provision for suitable for use object for ruling and "Criminal Procedural Law"of way is different, and the ruling is mutually to conflict with.Suitable for use object that Criminal Procedural Law, explain is with the litigation rule( the judicatory explain) and procedure provision( section regulation) three not exhausted same alike, with the " Lawmaking Law" limit the compulsive measure of the Human body freedom with punish the provision for can bing made by law out cowgirl violation.Three did not distinguish analyse the general object with the special object, to the " double provision" that job crime the personnel practice," double measure for pointing" is illegal esse.Four is take the to await trial the suitable for use term and did not distinguish analyse, apply the scope not clear and definite.Five guarantee the item not complete, lack to give relief the path, and be in need of to make track for the item, and carry out the last maneuverability bad, carry out the term not clear and definite, supervise and control the measure not clear and definite, the duty is not clear and definite.Aiming at solving the problems mentioned above, this paragraph provides some suggestions. Firstly,while is a certain suitable for use objecting, the under surveillance that the job commit crime that the suspect person of crime list as the special object, be used as the main suitable for use object to live,this kind of coercive measures," double provision "," the double point" this kind of change the coercive measures of legalize to bring into the current surveillance to live the coercive measures center, make it legalize.Can not reach to arrest the of the standard to proof crime, suspect person of the case's crime of foreign crime, also can make the under surveillance lived in the object the special object row of its conduct and actions.Second is a clear and definite under under surveillance suitable for use corpus, decision corpus that live with carry out the corpus to should to unify, who decision carry.Thirdly , a clear and definite surveillance suitable for use stage that live can be an investigating of case stage. Fourthly, there is a need for a clear and definite under surveillance suitable for use place that live this type of form of dwelling place for having the judicial organ specifying, then guarantee" mix with the lived in the " inside" the third people" legal rights, also give lived by under surveillance the person to possess the in the body abode" free. The final point is to increase guarantee the item, norm to give relief the path, and guarantee to were lived by under surveillance the legal rights of person.
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